Court Rules Strike Replacement Pay Not Unfair Labor Practice
Court Rules on Special Allowances During Strike A recent court ruling has clarified the legal implications of special allowances provided to workers during a labor strike. The Seoul Administrative Court’s 13th Administrative Division, presided over by Judge Jin Hyeonseop, ruled in favor of a synthetic resin manufacturer, Company A, in a case that challenged a decision made by the Central Labor Relations Commission. The dispute arose from a full-scale strike organized by the Korean Chemical, Textile and Food Workers’ Union (KCTFU), which is affiliated with the Korean Confederation of Trade Unions. The strike began on October 30, 2023, and lasted for one month. Many employees from Company A’s Ulsan and Jincheon production plants participated in the walkout. During the strike, Company A offered special allowances to non-striking workers who took on replacement roles. These workers were compensated at 50% of their hourly wage for the time spent working as replacements. This payment was...